After a maritime injury off the California coast, your employer may send you to a company-selected doctor. You may wonder if you must keep seeing that provider when you want another opinion. Maritime law provides qualifying seamen with protections for medical care.
Under general maritime law, maintenance can help cover basic living costs, while cure covers necessary medical care if you become injured or ill while in the service of a vessel. These benefits generally continue until your condition reaches maximum medical improvement. This means additional treatment is not expected to improve your condition.
Can you choose your treating doctor?
You may receive treatment from a private doctor you choose rather than use only the private doctor your employer prefers. However, limits can apply to what your employer must pay for that care. A few points can help explain how that choice may affect your care:
- Choosing your doctor: You may receive cure benefits for care from a private doctor you choose, subject to limits on what your employer must pay.
- Covering medical costs: The company may dispute care that is not needed or costs much more than similar care from another qualified doctor.
- Keeping useful records: Medical records, bills, work restrictions and payment messages can help you track your care and unpaid costs.
Your choice of doctor does not prevent your employer from seeking its own medical review. That can become another part of the process while you continue receiving care.
Can your employer ask for another medical exam?
Your employer may ask another doctor to examine you. The examination can help assess your condition and determine whether continued treatment is necessary. That doctor does not automatically take over your regular care.
You generally do not have to prove that your employer caused the injury to receive maintenance and cure. Even so, the findings from that exam may affect whether your employer questions the need for further care.
When medical treatment becomes disputed
Choosing a doctor can become harder if your employer questions the care, its cost or whether you still need it. These disputes often depend on the specific facts surrounding your injury and medical care. Legal guidance can help you understand your employer’s duties and the options that may apply.